Now, as environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, it has become critical to better reconcile federalist values in the gray area between the purely local and national ends of the regulatory spectrum. To remedy the theoretical and pragmatic problems of previous approaches, Professor Ryan proposes a model of "Balanced Federalism" that more capably mediates between competing federalism values and provides greater guidance for regulatory decision-making. Proposing important roles for both the judiciary and the…mehr
Now, as environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, it has become critical to better reconcile federalist values in the gray area between the purely local and national ends of the regulatory spectrum. To remedy the theoretical and pragmatic problems of previous approaches, Professor Ryan proposes a model of "Balanced Federalism" that more capably mediates between competing federalism values and provides greater guidance for regulatory decision-making. Proposing important roles for both the judiciary and the political branches, its framework would foster a healthier exchange between the various federalist values that---though in tension with one another---have ultimately made the American system of government so effective and enduring.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Erin Ryan Professor Erin Ryan teaches and publishes about federalism, environmental and land use law, and negotiation. She has presented on federalism theory at academic and administrative venues in the United States, Europe, and Asia, including the Ninth Circuit Judicial Conference, the U.S. Department of Agriculture, and the United Nations Institute for Training and Research. She has advised National Sea Grant interjurisdictional governance projects involving the Chesapeake Bay watershed, and consulted with multiple universities and the United States Air Force on developing sustainability programs. She has appeared on National Public Radio, in the Chicago Tribune, the London Financial Times, and other U.S. news outlets, and in the PBS Newshour and Christian Science Monitor's Patchwork Nation project.
Inhaltsangabe
Introduction Part I: Federalism and the Tug of War Within I. Which Federalism?: The Choice and the Stakes II. Federalism and the Tug of War Within III. American Federalisms: From New Foundations to New Federalism Part II: The Interjurisdictional Gray Area IV. The Rehnquist Revival of Jurisdictional Separation V. The Interjurisdictional Gray Area Part III: Balanced Federalism VI. The Role of Courts: Tenth Amendment Balancing VII. Legislative Balancing Through Intergovernmental Bargaining Part IV: Negotiating Federalism VIII. The Role of the Political Branches: Negotiating Federalism IX. The Structural Safeguards of Federalism Bargaining X. The Procedural Tools of Interpretive Balancing Conclusion: Toward Balance in Federalism
Introduction Part I: Federalism and the Tug of War Within I. Which Federalism?: The Choice and the Stakes II. Federalism and the Tug of War Within III. American Federalisms: From New Foundations to New Federalism Part II: The Interjurisdictional Gray Area IV. The Rehnquist Revival of Jurisdictional Separation V. The Interjurisdictional Gray Area Part III: Balanced Federalism VI. The Role of Courts: Tenth Amendment Balancing VII. Legislative Balancing Through Intergovernmental Bargaining Part IV: Negotiating Federalism VIII. The Role of the Political Branches: Negotiating Federalism IX. The Structural Safeguards of Federalism Bargaining X. The Procedural Tools of Interpretive Balancing Conclusion: Toward Balance in Federalism
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